Deconstruction consists of showing how any concept has been constructed from historical processes and metaphorical accumulations (hence the name deconstruction), showing that what is clear and evident is far from being, is a trend of postmodern culture.
It is a semantic technique or strategy, derived from French critical theory, promoted by Jacques Derrida. Deconstruction almost always seeks to alter a concept in order to broaden the understanding of a practice, a value, or a topic.
Now, how is a concept deconstructed? Imagine that the concept is like a circle. The ideas that are at the center are considered legitimate and those from the periphery are considered illegitimate.
Deconstruction tries to decentralize the ideas that are at the core and are considered legitimate, and in the same way, it tries to put some illegitimate ideas at the center.
For what we will address here will be the issue of marriage. What has happened to the institution of marriage?
In most cases young people enter adult life through marriage, through which the family is usually formed. The couple thus unites to provide mutual aid and to seek the procreation and education of children. However, the legal aspects and consequences of this act are forgotten.
From the point of view of civil law, marriage has been defined by the authors and the laws in different ways, but almost all coincide in defining it as: “The union formed between a man and a woman in order to provide mutual support and of perpetrating the species (procreation) in a perfect community of a lifetime. ”
Despite the previous definition, other types of relationships that have been left out of the institution of marriage such as concubinage, polygamy, relationships with minors and same-sex unions cannot be ruled out. Practices that were common long ago, particularly in the Ancient and Middle Ages.
However, in the Modern Age, these forms of union are not prohibited by our legislation but are not protected either; they are simply ignored.
In the case that concerns us and that becomes the subject under analysis, they are the cases in which and within these unions in fact, which in many situations extend over time with a true vocation of union, forming an authentic community of life as well as the original intention of those who decide to get married.
Therefore, the law must take into account these realities, with respect to the fact that people unite in other ways than the model accepted by law for the formation of a family and that, since these unions are neither illegal nor prohibited, a solution must be sought within the law, thus circumventing the legal vacuum.
Today we are seeing the deconstruction of the institution of marriage; because you cannot fail to mention or depart from reality the changes that are occurring in the society in which we live. And an example of this is the following:
The coexistence society, which is defined by the substantive civil legislation of the federal district: “… as it is a bilateral legal act that is constituted, when two people of different or the same sex, of legal age and with full legal capacity, establish a common home, with a will to stay and help each other ”; or the concubinage: “… the union of two people of different sex who are in a free union and that this counts as a premarital relationship, which has the same rights and obligations as marriage, but with the condition that they are not registered at the civil registry, to which they must be registered, and sometimes this or is valid.
Consequently, we must make clear what the purposes are, so we will propose the following concepts:
- Coexistence: It implies the existence of a common domicile and a community of life, equal of rights and obligations within the home. Mutual help: It is the essence of relationships, both and in the same circumstances must participate in household activities. Carnal Debit.- The authors assign two purposes: the procreation, care and education of the offspring and a remedy for concupiscence (carnal desire), since it has been seen that the first of the purposes may not be due to sterility, diseases, advanced age or the simple desire not to have children. Loyalty.- It is respect for the union.
Now this new situation also raises other important questions: Is it necessary to have a paternal or maternal figure? If a boy or girl is raised by two parents, will he need a mother? And if you are raised with two mothers, will you need a father figure? What psychological harm, if any, can raising a polygamous family or homosexual parents cause?
There are no objective answers to answer all these questions, perhaps there will be definitive answers in many years when society examines the deconstruction of marriage.
We also don't know how many types of marriage will emerge in the future. What we do know is that the definition of marriage is changing and that will have a great impact on our society, whether for better or for worse.
Bibliography
es.wikipedia.org/wiki/Marrimonio
Edgar Baqueiro Rojas, Thematic Legal Dictionaries, Volume 1, Civil Law, Editorial Harla.
Rafael de Pina., Mexican Civil Law, Editorial Porrúa, First Edition.
You and the Law, Selections from Reader's Digest, First Edition.
